In Ontario, facing a charge of driving while banned is a serious matter. Drivers found breaking the law face life-altering consequences. From hefty fines to lengthy licence suspensions or even jail time, knowing the consequences of this charge and navigating the court system requires professional legal advice.
This blog discusses Ontario driving while prohibited convictions, their punishments, and how experienced lawyers at Bytensky Shikhman Barristers may help. This guide includes all you need, whether your focus is on your choices for legal defence or clarification on the charge itself.
What Does Driving Prohibition Mean in Ontario?
Driving when prohibited refers to operating a motor vehicle in violation of a legal prohibition. This restriction is usually the result of past legal proceedings or convictions, such as impaired driving, that have led to a suspended or revoked licence. In Canada, driving while prohibited is considered a hybrid offence, meaning it can be prosecuted either summarily or by indictment, depending on the severity of the circumstances and the discretion of the Crown.
Legal Definition
Driving while forbidden in Ontario has life-altering consequences. If convicted of driving while prohibited under the Criminal Code of Canada, the penalties can be severe, and incarceration is a real possibility. The gravity of the case might result in fines of several hundred to thousands of dollars.
People may face jail time; first criminal offences carry terms ranging from a few days to several months. Repeat offenders or situations with aggravating factors, such as harm or property damage, may receive penalties exceeding six months. These fines underscore the importance of adhering to legal limits and addressing any driving bans promptly.
Common Causes for Prohibition
A driving prohibition is typically issued in the following scenarios:
- DUI or Impaired Driving Convictions
- Serious Driving Offences
- Accumulation of Demerit Points
- Failure to Pay Fines or Complete Regulatory Requirements
Understanding your driving prohibition is the first step to assessing your legal options.
Legal Penalties for Driving While Prohibited in Ontario
Fines and Jail Time
Driving in Ontario when a legal restriction is imposed, such as a licence suspension, can result in heavy fines and additional penalties. Cases can result in fines ranging from hundreds to thousands of dollars. Additionally, jail time is possible; punishments increase for repeat offenders. Prison time can last several months in a serious situation, highlighting the severity of the violation.
Licence Suspension
Driving while prohibited may result in an extension of the licence suspension for the guilty party. This repetition reinforces the initial prohibition and deters future infractions. The circumstances of the case and whether the person has a history of similar violations will affect the length of the prolonged period, therefore significantly postponing their capacity to obtain legal driving rights.
Criminal Record Implications
Prohibited or dangerous driving typically results in a criminal record, which can have a significant impact on both personal and professional life. It could restrict employment opportunities, particularly in positions that require a clean driving record or driving responsibilities. It can also limit travel to certain countries and make it more challenging to obtain future licences and insurance, thereby restricting mobility and freedom.
Aggravating Circumstances for Sentencing
When sentenced for driving while prohibited under the Criminal Code of Canada, the court may consider various aggravating circumstances, which can result in harsher fines and penalties.
- A history of similar violations.
- Operating a vehicle while impaired.
- Situations where driving endangers the safety of others.
- Violating conditions of probation or previous court orders related to driving offences.
- The offender was not permitted, under a federal or provincial Act, to operate the conveyance.
- Having passengers in the vehicle.
- Actions such as fleeing from police or refusing to stop.
Each of these elements can affect the court’s decision, thereby influencing possible penalties, including prolonged driving bans or imprisonment.
What to Expect During a Driving While Prohibited Case in Ontario
Navigating the system successfully depends on understanding the legal process in a prohibited driving case. Typical steps are listed below:
- Arrest or Citation
- Release and Conditions
- Initial Court Appearance
- Trial (if necessary)
- Disclosure of Evidence
- Pre-Trial Discussions or Resolution
- Sentencing (if convicted)
Although negotiating this procedure can be challenging, obtaining appropriate legal advice will help you better understand your rights and enable you to achieve a positive outcome.
Key Strategies for Defending Driving While Prohibited Charges
Challenging the Evidence
Your lawyer may examine the prosecution’s evidence for contradictions, flaws, or insufficient proof. If the evidence does not meet the required standard, the case against you could be undermined.
Proving Lack of Knowledge
Showing you were unaware of the driving ban is a defence. This strategy examines whether you were adequately notified or had a reasonable understanding of the restriction.
Necessity or Emergency
This could be a defence if you’re driving while prohibited in Ontario because of an emergency or a case of need. Your counsel must demonstrate that you had no other option.
Challenging the Prohibition Itself
Sometimes the ban may have been issued wrongly or based on false reasons. Your lawyer may explore whether the driving restriction was legal.
Arguing Procedural Errors
If authorities made procedural errors in issuing the prohibition or during their investigation, this may provide grounds for a defence. These mistakes might lead to inadmissible evidence.
Contact Bytensky Shikhman Barristers Today
Although being charged with driving while prohibited is serious, you don’t have to face it alone. Consult Bytensky Shikhman Barristers for professional legal advice.
- 24/7 Legal Support
- Consultation Information
- Free 1-Hour Consultation
Call Bytensky Shikhman Barristers today to take the first step toward resolving your case.
Conclusion
Defending against driving while prohibited requires a swift response and a thorough understanding of the legal system. Necessary actions include obtaining quick legal advice, understanding the charges and possible fines, and closely collaborating with a qualified attorney to build a strong case.
By consulting with experienced legal representation, such as Bytensky Shikhman Barristers, you gain expert guidance to achieve the best possible outcome. Don’t face these charges alone – partner with professionals who are committed to protecting your rights and securing your future.
